A New Apology On Seeking Sacred Knowledge

Through the Medium Of Modern Technology

(A response from a student in need To his sheikh, Ibn Fareed)

By: Wm. Halim Breiannis

بسم هللا الرحمن الرحیم

الحمد < ربّ العلمین وصلى هللا على سیدنا محمّد و آلھ و صحبھ و سلّم. اما بعد:

All praise is due to Allah alone who created the heavens and earth as signs indicating back to His Grandeur. May the Best benedictions and peace be upon the final messenger sent as a guide for all mankind, in every place and every time until the final hour. To proceed:

Introduction:

Throughout the history of Islam, the seeking of knowledge has been lauded as one of the greatest acts of worship. In every time and in every land, seekers of knowledge have traveled to acquire not only knowledge but different understandings and perspectives of the sacred sciences. Preparing for the Journey, traveling, sitting at the feet of the scholars of distant lands and then returning to pass on that which they had been given was expected of anyone claiming serious study. Very few are the masters of the sacred sciences in our history that did not go on such journeys. Even the prophet Musa himself (peace be upon him) traveled to learn when he heard there was a teacher more knowledgable than him.

In the last twenty five years there has been a steady increase of what is termed "distance learning" of the Sacred sciences. Whether it be private classes, group classes or entire academies, this concept of distance learning has gained a firm foot hold. It seems, however, that this new form of acquiring knowledge via technology has not been looked at very critically until very recently. It is a fundamental principle that one does not act until they have knowledge concerning the action they are intent upon - such as its legal rulings, its methodologies according to the Qur'an and sunnah, as well as its acceptability according to the Shariah. This goes for any action, so then what about the acquisition of knowledge itself ?

One of our sheikhs, Sheikh Muhammad Shareef Ibn Fareed (May Allah preserve him), was a pioneer in utilizing technology for the dissemination of the sacred sciences but has recently himself expressed clear doubts concerning its benefit and the acceptability of the knowledge acquired in this manner. In a conversation between my Sheikh and me, he raised very clear and credible critiques concerning distance learning. It is from my aims to respond to the questions that were raised as well as the critiques. At the core of, the discussion is the question, is distance learning via modern technologies such as the phone and internet a permissible means of transmitting and acquiring knowledge of the Sacred Sciences.

There are many peripheral issues that must also be examined regarding distance learning, some of which will be touched upon in this work. Some of those issues include the question of verifying competence in the student in order to ensure credibility; the taking of mannerisms of a vessel of Sacred Knowledge; the sacred transmission of knowledge such as breathing in of knowledge, the transmission from heart to heart and the transmission of the divine blessings that come within, not only the knowledge but the gatherings of knowledge. There are also technical questions that arise such as, is it a permissible means of transmitting ijaazaat (licenses); What terminology should be used - does a new terminology need to be instituted or is there a need to utilize the traditions terminology while specifying a new application? Also, what about the connecting and continuity of the asaneed (chains of narration) when we know that the chance of meeting was needed according to the criterion of Muslim and proof of an actual meeting was required for the criterion of Bukhari - what about via the internet? Does this alter the authenticity or acceptance of the transmission? Does the claim of a student suffice or must there be verification from a teacher and what form of verification is to be acceptable - screen shots? Recordings? Certificates? Etc.?

What are some of the solutions to these issues and what about those scholars who either reject distance learning all together, on one extreme and those who open it too widely, at the other extreme? This is a very important matter in this age and moving forward as so many now become 'qualified' Imams, lecturers and teachers via the medium of online academies. The answer to these issues should have an effect on the way we view such studies, the knowledge transmitted in this fashion and those who have acquired it. The aim and purpose of this work then, is to look at these issues critically in light of the Shariah. In order arrive at a clearer, and hopefully accurate and balanced perspective, evidences will be examined from the Qur'an and Sunnah, the Hadith Sciences, the Shariah Sciences, the words of some scholars of Tasawwuf, as well as some anecdotal cases. It is not assumed that this will be the final word on the subject but rather it is hoped that this will open a door for further analysis by those who are better and more knowledgable than myself.

The scope of this work, however, is restricted to a specific usage of the technology. There are online schools which allow students to listen to recorded classes or to watch previously recorded lectures, there are also a plethora of videos and recordings throughout the Internet. So many masajid post their Khutba every week or make available weekly talks for podcasts. None of this is what is meant in this work. Rather everything mentioned in this work is focused specifically on a live interaction between a teacher and student in real time, regardless of the platform. In no way does this work support the self education of a Muslim via the reading of books, listening to lectures or watching videos. Rather, we are speaking about the transmission of sacred knowledge from a living, breathing scholar to a living, breathing student in real time through the utilization of the medium of modern technology.

We ask that Allah strengthen us in this effort and make us upright, honest and mindful in this affair. May He grant strength to this work and fill it with nur and barakah. We ask that Allah bless the author, the readers, all of their sheikhs - and all of their sheikhs in succession; May they be forgiven their errors and raised to be in the company of Allah's beloved (صلى هللا علیھ و سالم)...ameen and again ameen. And with Allah is all success.

Section One

The telephone was invented less than two hundred years ago, the personal computer as we have come to know it is less than eighty years old, and the commercial internet is less than forty years old. Because of this reality, there is, of course, no direct mention of usage of such technologies in the Qur'an and Sunnah. This does not mean, however, that evidence for their usage in general, and for learning specifically, is not found. In fact, the first thing to understand is that knowledge, its benefits and virtues, as well as the blessings inherent in it only come from Allah, regardless of the medium. This is as Allah says,

يَرْفَعِ اهللَُّ الَِّذيَن آَمنُوا ِمنُكْم َوالَِّذيَن أُوتُوا اْلِعْلَم َدرََجاٍت َواهللَُّ ِبَما تَْعَمُلوَن َخِبيٌر

"...Allah will exalt in degree those of you who believe, and those who have been granted knowledge.

And Allah is Well-Acquainted with what you do." (58:11)

And, َويَِزيُد اهللَُّ الَِّذيَن اْهتََدْوا ُهًدى

And Allah increases in guidance those who walk aright (19:76)

What is more, the root cause of Allah increasing one in knowledge is also not the medium but rather the sincerity and uprightness of the seeker in accepting and acting upon his knowledge, as Allah says,

َوالَِّذيَن اْهتََدْوا زَاَدُهْم ُهًدى َوآتَاُهْم تَْقَواُهْم

While as for those who accept guidance, He increases their guidance, and bestows on them their piety.

(47:17)

This does not mean that one does not need to take the means, but rather recognize that the means are simply tools. The real source is none but Allah. But what about utilizing modern technologies? Concerning this we look at Allah's words,

وا لَھُم مَّا اسْتَطَعْتُم مِّن قُوَّةٍ َوأَِعدُّ

"And make ready against them all you can of power" (8:60)

This ayat was revealed specifically concerning physical battle against the enemies of Islam, however, the general meaning is acceptable in this case as the prophet (May the best benedictions and peace be upon him) equated seeking knowledge with Jihad in the way of Allah when he said, "...". Concerning this ayat, it is said in Ma'ariful Qur'an , "The hint given is that...it is quite sufficient that you put together 1whatever supplies you can possibly acquire. If so, the help and support of Allah Ta'ala shall be with you." Continuing on, "The Qur'an, however, does not mention the weapons commonly used during those days at this place. Instead, by using the general word, 'quwwa' or power, it has pointed out in the direction that

Ma'ariful Qur'an, Volume 4, pages 262,2631

this power could be different in terms of every age, country and area...It should also be borne in mind that should we need to learn any art or science to achieve this end and if such effort be with the intention that it will be employed to defend Islam and Muslims and to meet any aggressive challenges from the disbelievers - then, that too will fall under the procedure of Jihad and will carry reward." If one utilizes the analogy between seeking of knowledge and physical combat, both being forms of Jihad, then utilizing the means according to our own times, places, and circumstances ( مــــا اســــتطعتم ) to acquire knowledge and understanding of the deen becomes not only permissible but recommended.

It is also understood that Allah sent to every people guidance in the form they could best understand it. The actual acceptance or rejection is not due to the medium as they had full access to guidance in their own languages, as Allah says,

َوَما أَرْسَلْنَا مِن رَّسُولٍ إِالَّ بِلِسَانِ قَوْمِھِ لِیُبَیِّنَ لَھُمْ فَیُضِلُّ هللاَُّ مَن یَشَاءُ وَیَھْدِي مَن یَشَاءُ وَھُوَ الْعَزِیزُ الْحَكِیمُ

And We sent not a Messenger except with the language of his people, in order that he might make (the Message) clear for them.

Then Allah misleads whom He wills and guides whom He wills. And He is the All-Mighty, the All-Wise.

(14:4)

According to Ibn Katheer, this is due to Allah's kindness and compassion. It is from that same compassion, that same kindness that Allah says,

يُِريُد اهللَُّ ِبُكُم اْليُْسَر واََل يُِريُد ِبُكُم اْلُعْسَر

"And Allah's wants for you ease in your deen And He does not want for you hardship"

(2:185)

And it is for in light of this meaning that we find flexibility and allowances the obligatory acts of worship, let alone other issues that may arise. We see this in the words of the beloved of Allah (May the best benedictions and peace be upon him) when he said, "Offer salat standing and if you cannot do that, offer salat sitting, and if you cannot even do that, then offer salat lying on your side." There is no doubt that it is from the 2obligations of prayer to stand, if one is able, but in light of some deficiency, there are allowances to facilitate ease. If this is the case for salat, then what about other than this? So we find from the maxims of Shariah, "whenever there is constriction, there is to be expansion," or put in an other way, when there is difficulty, ease is to be facilitated.

It can also be mentioned that the prophet (May Allah bestow upon him peace and blessings) saw the people of Medinah manually pollinating their trees he said, "If you refrain from this, it may be better." Then, after the yield was reduced, he (May peace and blessings be upon him) said, "You know better about your worldly affairs." This is mentioned in order to point out that perhaps there is a method that facilitates 3ease and increase whose benefit may not be recognized. When it came to the utilization of different techniques, the prophet (May the blessings of Allah and peace be upon him) left this to those who knew, those who were intimate with those mediums. Though cautious concerning such matters, the prophet did

Bukhari Hadith #1117 (the book of shortening the prayers)2

Muslim Hadith #6128 (the book of Virtues and Merits)3

not forbid it, and even permitted it once clear benefit was shown to him (May the best benedictions and peace be upon him). This is directly in line with his character and his sunnah, as our mother A'isha (May Tallahassee be pleased with her) informed us, "The Messenger of Allah (May the best benedictions and peace be upon him) was never given the choice between two things, one of them which was easier than the other, but he would choose the easier of the two, as long as it was not a sin. If it was a sin, he would be the furthest of the people from it." 4

Acknowledging that there is no direct mention of modern technologies or the topic of distance learning in the Qur'an and Sunnah, it is still hoped that in this first section we have demonstrated room for acceptance of the modern mediums to facilitate ease in learning the sacred sciences. There should be no doubt that more can be said on the basis of both Qur'an and Sunnah but this is the crux of the argument and anything else brought will simply support the positions already mentioned. It should also be understood that these matters can be argued against from the standpoint of context, the making use of these analogies and other than this. It is for this reason that we do not rest upon this alone and instead proceed to look at the matter further.

Muslim Hadith#6048 and in fact, chapter 20 in the book of virtues and Merits contains seven variations of this narration.4

Section two:

Interestingly, from the contentions concerning distance learning is not so much that it is an innovation. Were that the issue it could be easily dismissed. Rather the main point of contention is validity, not based on novelty but on the efficaciousness of it. Are the same desired results capable of being met via the medium of technology? From what was said in this regard is what our Sheikh, Sheikh Muhammad Shareef ibn Fareed (May Allah preserve him and continue to raise his rank) said in our discussion of this topic. He said, "The Sufis say: "Your beginning is in your end." If teachers and students began the process of Islamic transmission via the internet devoid of the transformative radiation and magnetization innate in direct transmission, then neither the teacher nor the student have experienced the transmission of sacred knowledge. There is a 'virtual' transmission devoid of actual transmission. ... It was not until recently when I saw with my own eyes the negative devolution of the science of transmission that I began to questions my own actions. I then realized that I was doing an injustice to knowledge and my students. I came to see a clear distinction between the genuine presence, nearness and real intimacy of what scholars define as the intermingling of breadths and the lack of the illusion of nearness and the lack of presence of e-learning. The one distinction is the lack of Baraka of the intermingling of breadths which is impossible via telephone or internet..." So the issue mentioned here is, specifically, the lack of 5Baraka via transmission of sacred knowledge via technological mediums. The Sheikh, may Allah raise his rank, also said, perhaps making his point ever clearer, "The advantages of internet communication have veiled both teachers and students to this leap in the deficit of the fundamental elements of education. Education is personal and interpersonal and entails a magnetization and eradiation of abstracts such as ethics, courtesy, character, and values which can only be radiated interpersonally between the teacher and the student. Magnetization and radiation demand closeness, proximity, nearness and presence between the transmitter (teacher) and the recipient (student), this 'radiation' and 'magnetization' of transcendent values so necessary in the transmission of knowledge is limited if not blocked via internet communication. It creates an illusion of nearness and closeness between teacher and student which is not real. It creates a semblance of presence which is artificial and the 'collapse of distance' between teacher and student that is illusory. The illusion is so thorough that trying to remedy it is virtually impossible."

What must be understood here is that knowledge is not the aim in itself, nor the seeking of knowledge. The seeking of knowledge is a means and a form of worship, in fact, it is from the greatest acts of worship. Similarly, knowledge itself is not the aim but rather the "fruit" of knowledge such as sincerity and taqwa. Knowledge is a tool by which one seeks to draw nearer to Allah, his pleasure and reward from Him. This is as Allah says,

إِنََّما يَْخَشى اهللََّ ِمْن ِعبَاِدِه اْلُعَلَماُء It is only those who have knowledge among His slaves that fear Allah

(35:28)

There are, without any doubt, also, character traits transferred from the teacher to the student when there is interpersonal interaction and it is proof enough to mention the prophet's saying, "A person will be upon the deen of his friends so let each of you look as to who he takes as a friend." And the claim that is being made is that 6

From a response entitled "the illusion of nearness" which was a part of an email discussion regarding the topic at hand between 5myself and my sheikh, may Allah preserve him and continue to increase him in good...ameen.

This Hadith is sound as reported by Abu Dawud and Tirmidhi6

these benefits are not to be found through distance learning via technologies. Instead, such studies will ultimately be devoid of Baraka, the dissemination of manners and ethics, and the taqwa of Allah.

It is important here to be very clear about these matters. Rather than being definitive upon the matter, such a position raises further questions. The first of these is whether the Baraka of Allah is bound by time and place. Another question arises as to whether the interpersonal relationship between teacher and student ensures these benefits or is it also possible to find deficiency therein. Yet another question would be regarding distance learning as supplementary study as opposed to being the sole source of one's learning. These are some of the more pertinent questions that need to be addressed if we want to arrive at a more complete perspective in this area.

Concerning the first of questions, pertaining to the Baraka of Allah being bound by time and place, this is too complex for a simple yes or no answer. First and foremost barakah must be understood and then it must be acknowledged that there is specific blessings associated with times, places, objects, and activities. As for the meaning of Barakah, which is translated to mean blessing, it means that one gain stability in a thing along with exponential and continual growth - which is not the same as blessing which means favor, mercy or benefit. In fact, the word blessing is a closer translation of ni'ma which means bounty in the sense of a divine favor such as a beneficial situation or specific thing. When we utilize the English word blessing in this work it is used to refer to both meanings, that of barakah and ni'ma. After understanding the term well, examples for each association (times, places, objects, and activities) are easy enough to offer - blessings associated with times are many throughout the days, weeks and years so we know that there are blessings to be found in the last third of the night, every Friday and during the first ten days of Muharram as examples. Blessings associated with place include the Ka'ba, the grave of Allah's beloved (May the best blessings and peace be upon him), and masjid Al-Aqsa. Blessings associated with objects include the prophet's sandals and other material objects associated with him (May the best benedictions and peace be upon him). Finally, blessings associated with activities are many also and include prostration, recitation of Qur'an, gatherings of remembrance...and yes, gatherings for the study of the sacred sciences. Allah and His messenger has informed mankind concerning many such opportunities for the servant to seek out extra-meritorious means of attaining the blessings, pleasure and nearness to Allah, Most High. Furthermore, we know that even amongst these matters there is not equal blessings, reward and merit, as some are clearly better than others.

Now an interesting question arises, must these times, places, objects and activities be exactly as they were understood to be meant or can the barakah come for one of these despite it not being exactly as described? And it would be easy to mention that a person gets the reward for their intention, however, that is not what I am alluding to here. Instead, what I mean is, is there room for substitution? I think that when it comes to place, there is no real substitution and perhaps the same can be said for time but not so for objects and activities. As for objects, the scholars have mentioned the attainment of barakah through replicas of the prophet's sandal and even drawings of it. Does anyone claim that a drawing of the sandal is as blessed as the actual sandal? Only a fool could make such a claim. Yet at the same time, just because they are not equal does not mean that the drawing is devoid of blessing at all (and in reality, Allah alone knows). It is due to the attachment to the pure and perfect original that the rendition attains any merit at all, and that sandal has barakah due to what? Due to its connection to the blessed feet of the best of creation (May the best benedictions and peace be upon him), who himself is our beloved because he is beloved to Allah, the Majestic. Similarly with actions. If a person is unable to prostrate and so they make an indication of prostration to the best of their ability - is it an actual prostration? Not outwardly, not according to the meaning of prostration. However, this representation of prostration is not devoid of the blessings and merit of prostration. Can we say it is equal in reward to an actual prostration? That is knowledge with Allah, Who may even reward the semblance of the actual act more than the full

prostration of another due to the realities He alone knows in the hearts. Why? Because the act of prostration is related to the slaves humbling himself before his Lord. It is not necessarily the act in and of itself but rather the relationship of the act to its meaning. Another example of this can be given in the utilization of a wird to connect one's self spiritually to one's sheikh and brothers upon a certain spiritual path. To do this in the presence of one's sheikh may be the most meritorious methodology but just because it is the most meritorious method does not mean that any other method is cut off. If a person lives in another land, in another time zone, in another temperate zone so that not only is there distance via space but also time, and more, the nights, days, and seasons may not even align - if this is the case, the connection, merit and blessing through the utilization of the wird still remains...and no one differs regarding this, as it is practiced around the world by sheikhs and their students of every spiritual path. It is not the words alone nor the source of the wird but rather the connection of the sheikhs of the path back to Allah and His messenger ( May the best benedictions and peace be upon him). So again, it may not be equally meritorious, (and again, Allah alone knows how He chooses to reward His servants for what they do) but the seemingly lesser act, though it is not the optimum act for which the merit and virtues are ascribed, are still not bereft of blessings and benefits.

That was to affirm that there are indeed blessings associated with specific times, places, objects and activities. But the question was, are the blessings of Allah bound by time and place. For this the answer is of course, a resounding 'no'. It suffices as proof to say Allah has power over all things and we find no proofs for the limitations of His blessings upon the believers. Allah is the Creator of time and space and He can cause space to constrict as with the man who killed one hundred men and died upon his path of repentance. Similarly, Allah's control over the measure of time has been mentioned several times in the Qur'an such as with the dwellers of the cave. Perhaps a very pertinent evidence which may be returned to later is when, during the Caliphate of Sayyidina Umar (May Allah be pleased with him), Allah showed Umar the location of the enemy soldiers lying in wait to ambush the believing army under the command of Saariya (may Allah be pleased with him) and Umar's subsequent, immediate warning to Saariya by which the Believers avoided the ambush on that day....despite Umar's standing upon the Mimbar in the prophet's Masjid in Medinah at that very moment! This serves as evidence enough that neither time nor place are obstacles to the blessings of Allah, nor are His blessings bound by them.

The second question related to whether the interpersonal relationship between teacher and student ensures these benefits or is it also possible to find deficiency therein. Imam Ghazali (may Allah engulf him in His mercy) said in his "Ihya Ulum Ad-Din" that "the tenth duty of the student is that he should know the relation of the different sciences to the goal so that he might not attach more importance to closely, inconsequential matters than to remote but important things. The word important signifies anything which is of import to you; and nothing is of any import save your fate in this world and the next. But since, as said in the Qur'an and tested by insight and experience, it is not possible to enjoy both, the pleasures of this life and the bliss of the next, it is more important to concern one's self with those things which will endure forever." I bring this quote to mention that it is from the duties of the seeker of 7knowledge that he understand the relationship of his studies to the goal he is striving to reach. If the student is capable of fulfilling this duty, priority will be given to uprightness in accordance with the teachings of his sheikh, which should be in accord with the sunnah. If the student himself does not reach this understanding of the relationship between his studies and his goal of seeking Allah's pleasure, or worse, he has an lowly goal such as seeking fame or wealth, or even worse, an evil goal, in that he studies to attack Islam, such as is found amongst orientalist - in these cases, it would not benefit even if the seeker lived in his teacher's home. This is exactly as Sufyan Ath-Thawri said when he lamented, "We have become traffic for the children of this world. One after another would attach himself to us until he had

Ihya Ulum Ad-Din - book one, section five.7

acquired a measure of learning whereupon he would be appointed a judge, or a governor, or a mayor of the place." 8

It is well known that many have studied the sacred sciences at the feet of scholars only to secure something of this world, be it position, title, authority, or wealth. Even non-Muslims would sit for years with scholars in order to acquire knowledge through which they would either seek to defame Islam, corrupt it from within or at the very least, return to their areas as great intellectuals without attributing the knowledge to its rightful sources. Umar himself, May Allah be pleased with him, voiced his concern, saying, "the thing I fear most for us is the learned hypocrite." When asked how one could be both learned and a hypocrite he replied, "his learning does not go beyond mere words, his heart remains untouched and his work displays no wisdom." This was said in a time when learning took place knee to knee with 9the companions! This suffices to show that interpersonal relationships between teacher and student are not sufficient in themselves to insure that the student receives an "eradiation of abstracts such as ethics, courtesy, character, and values."

It can be argued that if such things can not even be guaranteed through an interpersonal relationship then what hope does the relationship maintained only through technologies such as the internet have? To respond to this I would point to three different dimensions. The first is what has been mentioned and is known - Allah does what He wills. The second was also mentioned - the sincerity of the seeker and his yearning to attain his goal. The third is the teacher - in order to be ever more effective under such circumstances, the teachers will have to be more vigilant concerning their teaching methodologies as well as the character, level and needs of their students. The role of the teacher is to impart in the hearts of the seekers, along with the knowledge, a yearning for paradise and a fear of the hellfire. In this way, the teaching is mixed with preaching in order to inspire as well as educate. Is it the same as knee to knee? Only a foolish person would make such a claim. It is precisely as our Sheikh, Muhammad Shareef ibn Fareed (may Allah preserve him and increase him in rank) has said, "direct personal transmission is superior to transmission via telephone and internet." Yet again I argue, we should not make perfect the enemy of good. Just because one thing is superior to another does not mean we dismiss the inferior thing. If there is good and benefit in it it should be appreciated upon its own merits despite its inferiority in comparison with that which is better and more meritorious than it. There can be no doubt concerning the superiority of direct, personal transmission but that superiority does not render the transmission via the telephone or internet merit-less or impermissible.

This leaves the final query which was raised, what about the utilization of distance learning as supplementary study as opposed to being the sole source of one's learning? This question is relevant in that, if a seeker is looking to take a specific text, science or special field of knowledge from a particular sheikh, it is not the same as one who is the dedicated student of that same sheikh. So then we find varying categories of distance learners - some who it is their only source of connection with scholars, others who sit with teachers for direct, interpersonal transmission of knowledge but also supplement that with distance learning, and a wide spectrum in between. Even with regard to this, is the seeker an accomplished student? Did they already complete a level of studies and now seek to advance? Is it a student who is well learned but is not able to travel and so seeks to receive a specific text or texts via distance learning? Is it a single mother on government support who lives in an area bereft of scholarship seeking to learn her Fard Ayn? Is it a beginner student who wants to connect to a well known school or scholar? Etc.. Everyone of these situations is different and deserve different responses, as a blanket judgement would not be just in this case. What would be the justification to deprive a senior student, who

Ibid8

Ihya Ulum Ad-Din - book one, section six9

has sat for years with his teachers, from acquiring a text from a scholar in a distant land he is unable to travel to? If there is no one at all, in the middle of flyover country, to teach this new muslimah with four children and no income, her fardh ayn, why should distance learning be disparaged in her case? While the one who seeks to simply be connected to a school he did not attend or the popularity afforded him by claiming to be the student of a particular sheikh, perhaps it is the case that distance learning is a poison for him from which he should be protected. So it is the case that the individual situations will not be the same and so neither should be the the responses to them. This, then, comes down to the understanding, intuition and wisdom of the sheikhs themselves.

We arrive at the conclusion that every teacher has the right to their opinion and discretion concerning utilizing modern technologies to allow seekers to receive from them any share of what they had been blessed with. And we are reminded here of the words of our sheikh, sheikh Muhammad Shareef ibn Fareed (may Allah preserve him and raise his rank), "A teacher is only obligated to teach his immediate family since it is about them that he will be questioned on the Day of Judgement. Students outside one's family are occasionally a source of fitna, since any errors and mishaps of the student is normally attributed to his teacher." Even so, despite the right to discretion of utilizing it themselves, without clear proofs from the Qur'an and sunnah, it is not permissible to make an overarching judgement of impermissibility or illegitimacy. As this section was meant to show, despite its inferiority to direct, personal transmission, distance learning can not be dismissed as being without benefit or merit. Now what must be looked at is the legitimacy of such transmissions in light of the sacred sciences themselves in order to see whether or not there are grounds for distance learning at all.

Section Three:

In this section we will look at the issue of distance learning from the perspective of the traditional methodologies of transmission via the Hadith Sciences. Again we return to the words of our beloved sheikh, May Allah increase him in every good...ameen, when he said, "The Shehu held the view that the direct transmission of a single prophetic tradition can only occur via direct hearing (sama'an) or direct reading (qira'a). Both concepts means listening and reading it directly from mouth to ear. In the famous Asaneed'l-Faqir the Shehu repeatedly used these two concepts to indicate direct transmission from one person directly to another. In several instances the Shehu would indicate with these two terms how a transmission changed in the sanad....it is extremely important that the narrator make this distinction because the matter of transmission is as important as the thing being transmitted. If not, then there 10would have been no reason for the transmitter to make this distinction." After having quoted this, it must be made very clear that, despite our love for our teacher, we disagree with what he has said. This entire quote seems to reflect a lack of understanding of the science of Hadith transmission and it is due to that lack of perspective that I feel that the Shehu's emphasis here was, itself, misunderstood. The use of these two terms, as well as the other methods of transmission is what will be looked at in this section in order to clarify our position as well as to see if indeed there is a grounds for transmission via modern technologies such as the telephone and internet.

To lay the basic foundation for the topic we will mention the pathways of transmission according to the muhaditheen. The great Maliki scholar and muhadith, Imam Al-Qadhi Iyyadh (May Allah have mercy 11upon him) mentioned in his 'Al-Ilma'a Ilaa Ma'rifah Usool Ar-Riwayyah',' "the avenues of transmission are many and here we have collected eight pathways: the first is to hear it directly from the sheikh. The second is to read it to him. The third is termed Al-Munaawala. The fourth is termed Al-Kitaabah. The fifth is the giving of license. The sixth is termed Al-'alam. The seventh is bequeathing. And the eighth is finding." Now, what is immediately obvious is that some terms were translated while others were not. The reason for this is that a simple one word translation would not do justice to the term. Instead, each will be explained as we examine each of these pathways. Another point that can be immediately taken away from this simple outline is the fact that the matter is not cut and dry but rather varied, as the sheikh said before laying out the eight well known pathways, each of which is nuanced, that the pathways of transmission are many (كثیر ).

Examining each of these eight pathways, we will begin with the two terms mentioned at the beginning of this section, الــسماع (hearing) and الــقراءة (reciting). As for hearing, it refers to when the student hears the text read directly by the sheikh himself while reciting refers to when the student read it to the sheikh. Included in these terms is the terms Akhbarana, Anba'ana, and Hadathana (all of which are loosely translated to, "we were informed") and others which are more nuanced which can be used either when the sheikh reads the text or has it read to the students in his presence. Reading to the sheikh is termed Ard which means to expose, as the one reading displays his reading to the sheikh for correction. And there is a classical argument of which method is preferred, reading or hearing. The people of Khurasaan viewed the forms of Ard as lesser in strength than hearing directly from the sheikh himself. This was the opinion of Imams Abu Hanifah, Muslim and others. On the other side of the argument is Imam Malik who saw that reading it to the sheikh was superior in order that the sheikh could correct any mistakes the student had, either in his notes or in his pronunciation. Perhaps it is the case that if the sheikh made an error the student would remain silent out of manners and having a good opinion while this is not the case if the

It is believed that what our beloved sheikh meant here was "manner" and not "matter" given the context it was used, though 10both can be understood.

Some of this was already mentioned in my discussions with my sheikh, while much of the elaboration was not.11

student reads and makes an error. But then there is also the third view that they are equal in terms of both authenticity and strength, and this was the view of Imam Bukhari according to Al-Hafidh Ibn Hajjar Al-Asqalani in his 'Nuzhat An-Nadhr,' as well as that of the majority of scholars from Kuffa and the Hijaaz according to Qadhi Iyyadh in 'Al-Ilma'a,' where he also narrates on the authority of Imam Ali ibn Abi Talib and Ibn Abbass (may Allah be pleased with them both), "قـراءتـك عـلى الـعالـم كـقراءتـھ عـلیك" (Your reading upon the scholar is like his reading upon you).

What is important for our purpose hear is to look at some of the methods by which even the hearing and reciting took place. For example, as was eluded to, a teacher may have a third person (usually a senior student) recite the hadith to the other students in his presence so he could correct any mistakes. This is the nearest to direct hearing, as after this we see that in some gatherings there were so many students that there was a necessity to set up recites at intervals (every so many rows) who would repeat in succession what they heard so that those farthest from the sheikh could hear what was being narrated. Because some gatherings would have thousands of students present, there could be as many as five or more "repeaters" between the student and the one reading the text...yet still it was viewed as "direct transmission." Later still, microphones and speakers were employed and this afforded students to even be on separate floors of a gathering or in other rooms and still hear the narrations "directly." The methodology accepted, even in the gatherings of Imam Malik and Al-Khateeb Al-Baghdadi, was not that the sheikh be seen but rather that the text be transmitted aurally, dependent upon speaking and hearing - even if from behind a veil, a wall, at some distance or with intermediaries. To be clear, programs such as Skype allows the student and teacher to see one another, to speak and hear, all in real time. The microphone of the computer is no different than a microphone in a masjid or lecture hall, and the same is true of the speakers. Utilizing the microphone and speakers on a computer or telephone puts one in immediate communication, without a single intercessor to repeat what was said, let alone five or more. So then, on face value, based on the criterion used by the greatest of muhaditheen of the past and those great imams of more modern times (who utilize microphones and speakers - or even hearing aids) there is no reason for this direct communication, in real time, to not be an acceptable means of both, hearing directly or reciting to the teacher.

Before moving on to the next pathway, let us say the argument remains that it is not direct because of the barriers between the sheikh and student. In this instance, we would point out the case of women Muhaditheen who would, when taking from men, be in adjacent rooms and not in the direct presence of the sheikh if he were a male. Do we then discredit all of the great women Muhadithaat of our history? Of course not, and so this argument also is not acceptable. This position is based upon the words of Imam An-Nawawi concerning this matter as it is recorded from him in "ارشـد طـالب الـحقاءق الـى مـعرفـة سـنن خـیر الـخالئـق" wherein he said, "یـسحّ الـسماع مـمّن ھـو وراء حـجاب اذا عـرف صـوتـھ ان حـدّث بـلفظھ، او حـضوره بـمسمع مـنھ ان قـرى عـلیھ، و یـنبغي انـیجوز العـتماد فـي مـعرفـة صـوتـھ و حـضوره عـلى خـبر مـن یـوثـق بـھ، و عـن شـعبة: اذا حـدّث المحـدّث فـلم تَـر وجـھھ فال تـرو عـنھ؛ فـلعلّھا " شیطان. و ھذا خالف الصواب و خالف ما قالھ الجمھور

Still, this was just dealing with two of the pathways. Those mentioned by the sheikh as I quoted him in the beginning. So then, let us reexamine what was said. Sheikh Muhammad Shareef ibn Fareed (may Allah preserve him) said, "The Shehu held the view that the direct transmission of a single prophetic tradition can only occur via direct hearing (sama'an) or direct reading (qira'a). Both concepts means listening and reading it directly from mouth to ear." The first thing to be said here is that if there is no proof that the Shehu rejected the other pathways accepted by all of the great Muhaditheen throughout our history I can not accept that of such an erudite scholar. If there is evidence that he went against the majority and only accepted these two methods, his view would be viewed as strange (شــــاذ) in this regard. The second point to be raised here is that, based on what has been presented, "listening and reading it directly from mouth to ear" seems to be the opinion of our sheikh, Sheikh Muhammad Shareef based on

his own views and perspectives. Directly from mouth to ear would mean aurally, in real time, even if it be with intermediaries, from behind veils and walls, or through the benefit of a sound system. The Sheikh then said, "In several instances the Shehu would indicate with these two terms how a transmission changed in the sanad....it is extremely important that the narrator make this distinction because the matter of transmission is as important as the thing being transmitted. If not, then there would have been 12no reason for the transmitter to make this distinction." The response to this is in what has been said regarding the difference of opinion of which methodology is stronger and more authentic...whether the students reads and the sheikh corrects or the sheikh reads correctly while the students listen. This was no simple issue as we see Imam Malik (may Allah be pleased with him) being summoned to court and forced to read his Muwatta to Yahya ibn Yahya At-Tamimi, from Naysabur who complained that after traveling all of that way for the Muwatta, Imam Malik would allow him to read it while the Imam listened but did not read directly on the students. The problem was that where Yahya ibn Yahya came from, they did not view Ard as acceptable and would only take from him if he received it Sama'an, and so the student was forced to complain to the judge who ruled in his favor. So we see that the emphasis is not because it must be "directly" from mouth to ear in the way emphasized by our sheikh, but rather because the Shehu (may Allah engulf him in His mercy) understood the argument of those scholars who viewed one as more sound than the other. Again, we point out that there were also many scholars, such as Imam Bukhari, who viewed them as equal in strength and authenticity and so we say, according to some, there is no need to make the distinction, and instead there are other terms used altogether such as Akhbarana or Hadathana.

This however only covers two of the pathways of transmission which are accepted by the muhaditheen throughout our history. If the Shehu (may Allah engulf him in His mercy) did in fact reject the rest of the pathways, someone upon his manhaj has every right to also be just as strict in their acceptance or rejection of narrations, but I do not know that this is the case. The Shehu was a Mujtahid as well as a mujaddid, it does not seem as though someone with that level of knowledge would reject that which was accepted by the greatest of scholars in this field such as Ibn Hajjar Al-Asqalani, Khateeb Al-Baghdadi, Qadhi Iyyadh, and the rest of them. On the other hand, looking at the rest of these pathways can offer more insight into the permissibility of other forms of transmission, forms other than direct hearing and reciting.

The third pathway of transmission mentioned by Sheikh Qadhi Iyyadh (may Allah have mercy upon him) was Munaawalah. Linguistically this means to pass something to someone hand to hand. The technical meaning, however, refers to when a sheikh gives his student a book of his own, whether that be a text he took from his teachers or something he authored himself. It usually happens in one of three ways - it is what the sheikh himself narrates from, it is what the sheikh has collected specifically for the student or it was a text that the sheikh had taken efforts to edit (correct). When the sheikh gives the texts to the student, the sheikh may simply give it to the student to keep and narrate from or he may ask the student to copy the text for himself and then the sheikh verifies the student's copy. There are also occasions where the sheikh would present the student with a text, give him permission to narrate all that is within it and then, after some time, ask for it back without even verifying that the student has made a copy. This way was accepted but it is the weakest form of presentation (Munaawalah).

The question can be asked, what weight can be placed on this form of transmission? According to Qadhi Iyyadh (may Allah have mercy upon him) it was the opinion of Imam Malik (may Allah be pleased with him) and others of the great scholars that this form of transmission was superior to that of Sama'a and Ard. Why? Because it was collected, written, corrected and then agreed upon. Sheikh Qadhi Iyyadh (may Allah have mercy upon him) narrated several narrations dealing with Imam Malik (may Allah be

It is believed that what our beloved sheikh meant here was "manner" and not "matter" given the context it was used, though 12both can be understood.

pleased with him) and presentation, including a narration from Isma'il Ibn Abi Uwais (may Allah have mercy on him), who was the nephew and son-in-law of Imam Malik (may Allah be pleased with him), who said that he asked the Imam what was the strongest form of Sama'a and he said, "the student narrating to the scholar (or he said muhadith) or the scholar narrating to the student or scholar giving a book to the student saying, 'narrate from this'." An interesting point in this narration is that the word Sama'a was used to refer to narration in general and not single type. In this way the Imam included hearing, reciting and presenting under this single term. Imam Malik (may Allah be pleased with him) both received narrations in this way from his sheikh, Yahya ibn Sa'eed Al-Ansari (may Allah be pleased with him) and he transmitted to his students. In fact, his own sheikh is reported by Qadhi Iyyadh, with sound chains of narration, to have taken from his own sheikh, Az-Zuhri, through the process of presentation also. The basis for this methodology was the prophet's own sending letters to his governors and others and those letters being narrated as direct transmission from the prophet himself (may the best benedictions and peace be upon him). Some scholars felt that this method was the most authentic way and we have been advised by our teachers to, whenever we are able, have the sheikh write our Ijaazas in our books as it serves as a verification.

There is a point to be made about this method of transmission. When it came to listening to the sheikh or reciting to the sheikh, clear mention of permission to narrate was seen by the Dhahiri scholars to be a requirement but Imam Malik differed and when he was asked about this he is reported to have said, "If I come and listen to a student narrating upon me - what was the point of my sitting for then?" Because of this, many scholars say that one does not need explicit permission to narrate what they have heard narrated from their teacher or what they recited upon their teachers. (Logically speaking, in a gathering of over a thousand, does each get a written sanad? Does the sheikh know each individual in that gathering? There must always be a level of trust amongst the scholars, unless and until there is an exposure of a cause for suspicion.) This however, is not the case with Munaawalah, despite it displaying a level of trust between teacher and student, if a book is presented without explicit permission to narrate from it, it is seen as a weaker form of transmission...if not simply weak. This must be taken into consideration in our era, as we have mass production of books. If a book is given, authority to narrate is not implicit, nor can it even be assumed that a teacher received a book from his sheikh. Rather, it must be stated clearly to the student if the book was given the sheikh by his teacher, and permission to narrate the text must also be made explicit.

This then shows that no reading needs to take place at all. The text need not be read or heard. Rather the teacher can trust his student and so entrust him with a text to narrate from. The usual method is for the teacher to go over the contents of the text first, before transferring it to the student but it occurred in two other ways also. The first is that one sheikh has taught his student for some time, knows his level of knowledge and understanding and so gives him books that had not been read between them but the contents should be understood by the student. The second is when one scholar honors another scholar or student with his text in order to allow it to be read and transmitted with full authority. This is a method that still occurs amongst scholars to this very day. Again, it must be mentioned that according to most of the scholars this is the highest form of transmission because it is so specified.

The fourth method of transmission mentioned by Sheikh Qadhi Iyyadh (may Allah be pleased with him) was kitaabah, which linguistically means writing or corresponding. The technical usage of this term is when the sheikh either writes with his own hand or has something written for his student which he believes to be of benefit to the student. It may contain narrations of hadith, athaar, teachings of the scholars or personal teachings between the sheikh and student. This can either occur at the request of the student or without the student's expectations. This method is closely related to the last so that Imam Ibn Hajjar Al-Asqalani (may Allah have mercy upon him) did not differentiate between whether the sheikh

gave a student a book (with or without an explicit permission to narrate) and the sheikh writing to the student a letter containing in it narrations. It was his opinion that simply giving the book or writing the letter was itself a permission. It was also Qadhi Iyyad's position that the letter was in itself carried a permission to narrate the contents. This was the position of the Great Muhaditheen, Shu'ba ibn Hijaaz, Mansur Ibna-l-Mu'tamar, Ayyub As-Sakhtiyaani; it was also the position of Imam Bukhari which was accepted by many of the muhaditheen as related by Sheikh Qadhi Iyyadh (may Allah have mercy upon them all). In this way some of the best of scholars used to write Ahadith to one another. The proof for the acceptance of this method of transmission Ishaq ibn Raahawi (may Allah be pleased with him) debated with Imam Ash-Shafi'i (may Allah be pleased with him) concerning the use of the skins of dead animals. Ash-Shafi'i sought to refute a proof presented by saying that what he presented was transmitted aurally while what Sheikh Ishaq presented was from a text. Sheikh Ishaq responded by reminding that the prophet (may the best benedictions and peace be upon him) sent a letter to Khusroe and they became responsible due to that. At this Imam Shafi'i became silent (may Allah be pleased with them both). [and we benefit from their manners despite not seeing or even hearing them! How when presented with proof, he did not continue to argue but instead remained silent in the face of it despite his own views. This is from the mannerisms of the truly learned.]

How many of our great books have been written for this very purpose, when a student asked his teacher a question and the sheikh responds with a short treatise or a long book. Such is the case of Imam Ghazali's 'Ya Ayyuha-l-Walad' and Shehu Uthman Ibn Fuduye's 'Risaalata-N-Nasa'ih.' Both Munaawalah and kitaabah can also help us in our discussion of the permissibility of utilizing modern technologies in the transmission of sacred knowledge. Emails, text messages, and other forms of written correspondence would surely fall under these two categories. If a letter written and carried from one land to another or giving one's book to the student sufficed as acceptable means of transmission, how much more so aural communications in real time, even if they be through the technological means of a telephone or computer?

The fifth pathway of transmission was the granting of license to narrate on one's authority (the ijaazah). There were six different ways which Sheikh Qadhi Iyyadh mention in 'Al-Ilma''. This license could be passed to the student verbally or in writing, the highest being the sheikh giving a specific person who is known license to narrate a specific narration or text, and many scholars categorize this under munaawala and there is no difference of opinion about the acceptability of this license and so there is no need to present evidence for this. The second form of ijaazah is the sheikh giving a specific person who is known license to narrate anything which the sheikh narrates, without any specification to narrations or texts and though there is a difference of opinion concerning this method, the majority accepted it. The third type of Ijaazah was a general license for for anyone to narrate everything which the sheikh narrated. It could be unconditional but usually it is specified to a place, a gathering, an era, etc.. An example of this is the sheikh's giving license to narrate from him to anyone who is a current student in such and such school. This is not only seen today but still accepted by the people of Hadith around the world. Al-Khateeb Al-Baghdadi said these types of ijaazaat at are all permissible. After these three methods, the differences of opinion become great and and the level of acceptability begins to decline amongst the majority.

It was, and is, the practice of students and scholars to travel and sit with senior scholars seeking ijaazaat in order to attain the barakah of having higher chains, connecting them swifter to the beloved (may the best benedictions and peace be upon him). This is something that has occurred for well over a thousand years! Imam Malik himself (may Allah be pleased with him) did not like people traveling to spend a week with a scholar only to return with license to narrate many texts as though he attained so much knowledge. He recognized its permissibility and he permitted it, even from his students, but he

didn't want laymen or ignorant students to act as though they were people of knowledge. He wanted the weight of the sacred knowledge to be respected. The concern, his and of others, was that this practice was not always done sincerely for the sake of Allah, nor was it always done by seekers of knowledge. Concerning this, Qadhi Iyyadh quoted an old proverb which is translated as, "They are those who want to be called priests though they never worked in the church".

This seeking of Ijaazah is often done by students of knowledge in order that they can connect back to the prophet (may the best benedictions be upon him), connect back to the great scholars of our history, and transmit whatever knowledge they have been blessed with by Allah's permission. It was in this vein that sheikh Muhammad Bello, the son of Shehu Uthman Ibn Fuduyé (may Allah bestow mercy upon them both) permitted ijaazah to anyone who found his books after him, and this has also been the practice of our sheikh, Sheikh Muhammad Shareef (may Allah preserve him). So it is odd that he would grant ijaazah to those who find his texts even after his life but does not accept that one who hears, recites and studies a text via the medium of modern technology be afforded the same. Indeed, it is clear that the one who takes it in real time, from the living scholar is not like the one who simply stumbles upon the pdf or even a printed copy thereof.

The sixth pathway of transmission is termed Al-I'lam or declaration. This is when the sheikh mentions to the student his chain of authority without granting direct license to the student, while knowing the student usually narrates from him. It may also be the case that a student asks his teacher, "is this from your narrations" and the scholar says "yes" knowing the student narrates from him. Such methodology was accepted by many according to Sheikh Qadhi Iyyadh (may Allah bestow mercy upon him), including Imam Malik's student, Abdul Malik ibn Habeeb. The only time this was seen as disagreeable was if the scholar asked the student not to utilize that chain of authority but, interestingly, Qadhi Iyyadh mentions that even such a request does not negate the transmission. The student can narrate anything that they have heard from their teachers, even if their teachers dislike this from them. In this way, the student's saying, "I heard from so and so," is not negated by the teacher's request. Yet we find that students would refuse to narrate from teachers which they found had innovated or did an injustice as a form of "punishment" - as we find in the life of Imam Muslim when he defended Imam Bukhari and "returned" all the narrations of his teacher, Sheikh Muhammad ibn Yahyah Adh-Dhahli.

The seventh pathway of transmission is bequeathment so that the teacher leaves his books for his student after his death, and the eighth pathway is finding, which is when the student finds a text in his sheikh's handwriting and narrates it on the authority of his teacher. If a person finds a text, which is verified to be from the student's teacher, or in our time, a recording, and the student has a general permission to narrate from that scholar, it is permissible to narrate what they find using the term "Akhbarana" according to Al-Hafidh Ibn Hajjar Al-Asqalaani (may Allah be bestow mercy upon him). Neither of this pathways have been accepted by the majority except after clear permission was granted to a student. In this way, it is not open for anyone who finds a book to narrate what is therein, or to claim to have heard such and such, narrating from a scholar that which they heard on a recording. This returns back to what was permitted by Sheikh Muhammad Bello ibn Uthman ibn Fuduyé (may Allah bestow mercy upon them both). It is true, that with the loose, general license given the one who finds the text can narrate, but such a license is weak and not widely accepted. Still, if a sheikh can bequeath his texts to a student, or a student can be given license to narrate what they find...and these are accepted methods of transmission, even according to the Sheikh Muhammad Bello (may Allah have mercy upon him), then how much more-so live interaction between a teacher and a student, even if it be via a modern technological medium?

The positions of four of the great scholars of Hadith have been mentioned specifically here, Imam Malik, Al-Khateeb Al-Baghdadi, Qadhi Iyyadh, and Ibn Hajjar Al-Asqalani (may Allah envelope them all with His mercy). Despite differences concerning some of the conditions for their acceptability, these eight pathways are agreed upon by them as acceptable. Three methods must take place in real time, aurally, hearing, reciting and declaration. Three methods can take place interpersonally or otherwise, Munaawalah, kitaabah and Ijaazah. The final two can not take place interpersonally by definition as they are bequeathment and finding. Still, all of these methods are accepted and no one has claimed that they are bereft of barakah. Because this is, without a doubt, the case, what is the basis that live interaction between a scholar and his teacher via alternate mediums such as live audio or video feeds is less of a transmission than receiving a letter, inheriting or finding a text? Based upon the acceptability of these methods of transmission, we conclude that according to the field of Hadith sciences, there is no basis to reject transmission of knowledge by way of modern technological mediums nor to deny that the benefits, virtues and blessings that are transmitted with the knowledge is somehow lost due to the medium used.

There is still the argument regarding the transmission of mannerisms and there is no doubt that these are best transmitted interpersonally between teacher and student. Anyone who has been honored to sit in the company of the knowers of Allah for even part of a day knows the benefits of watching the behavior and body language of such people. Similarly, anyone who has sat with scholars for years have certainly taken benefit in their character and behavior, but this still does not negate that there are other means. As a side matter, what about the blind man who can not see the sheikh, or the sisters in an adjacent room? The knowledge itself is a transformative light and when it is transferred from one heart to another, regardless of distance and obstacles, it has its effects - whether the sheikh is witnessed or not and according to the muhaditheen, seeing the sheikh has never been a condition of transmission but rather the actual aural transmission of the knowledge (or any of the other six methods). And Allah knows best.

Section four:

In this section we look at the matter from the perspective of the Shariah sciences. Our beloved sheikh, Sheikh Muhammad Shareef Ibn Fareed (may Allah preserve Him, protect him from his enemies and elevate his blessed rank...ameen) quoted a quote utilized by Shehu Uthman ibn Fuduyé (may Allah bestow mercy upon him) in his 'Ihya's-Sunnah,' wherein Sheikh 'Izz Ad-Deen ibn Abdus-Salaam said, "Objection (inkaar) can only pertain to that about which there is agreement concerning its obligation (i'jaab) or its prohibition (tahreem). Whoever avoids doing that which there is a difference of opinion concerning its obligation; or performs an act in which there is a difference of opinion concerning its prohibition (while following the scholars in that) - then there is no objection against him." Our sheikh went on to say, [If...that]"evidence was sound, then I have no choice but to alter my own opinion and to agree that their opinion constitutes a legitimate difference of opinion, which is a mercy. As a follower of the Shehu, I and you are obligated to accept these differences as valid paths within the paths of the Sharia'. "...The Shehu said in his Fat'h'l-Basaa'ir regarding the realm of truth (daa'irat'l-haqq) that it is everything which comes from the Book, the Sunnah, the consensus and reason. If an opinion falls outside of these boundaries, then it falls under the realm of supposition (dhann) or falsehood (baatil). If it falls under the realm of falsehood, then it must be rejected and is a matter about which objection (inkaar) is lawful. If it falls under the realm of supposition, then it is a matter about which scholars differ, and a muqallid is permitted to follow whichever opinion he deduces is the most valid. This deduction on the part of the student can only be accomplished through questioning the sources of the opinions until he is satisfied that the scholarly opinion constitutes a valid difference of opinion. The IS the methodology of the Shehu... "...This means in order for me to accept any opinion as true, false or a matter of difference, I must see the sources as well as the opinions of those who utilize those sources. The idea that I have my opinion and you have your opinion is NOT an Islamic approach, since the entire idea of 'rayy' (opinion) in arriving at decisions is universally condemned except by a few of the Hanafi jurists."

It is with these words in mind that we enter into the fields of the Shariah sciences, seeking to make the matter ever clearer for the reader. At the same time, we must recall that the issue is the usage of new technologies for distance learning, as we saw, there was distance learning in the past via letters written between teachers and students. So it is specifically the issue of the usage of new knowledge for the transmission of the sacred sciences that is at the heart of the discussion and hence, there will not be anything exact mentioned in the Qur'an and sunnah. Instead we will look at the principles of the Shariah to see if there is justification for the acceptance of this practice. What we want to see is whether this usage of new technologies to facilitate the transmission of sacred knowledge is from the realm of truth, the realm of falsehood or the realm of supposition based upon the science of Islamic Jurisprudence.

Because of the novel nature of distance learning by way of the telephone or Internet, it seems most appropriate to look at the principles of Shariah which deal with the considerations of unrestricted public interest which have not been regulated directly by Allah and His messenger (may the best benedictions and peace be upon him) in as far as there is no textual authority found to confirm its validation or invalidation. This is the area of Maslaha Mursalah, which is defined as a consideration which is proper and harmonious with the objectives of the lawgiver, secures a benefit or prevents a harm, for which the sources of the Shariah provides no indication as to its validity or otherwise. According to Sheikh Mohammad 13Hashim Kamal, "The practice of the companions, the successors and the leading mujtahidūn of the past

Paraphrased from Chapter thirteen of Sheikh Mohammad Hashim Kamali's "Principles of Islamic Jurisprudence".13

tends to suggest that they enacted laws and took measures in pursuance of Maslahah despite the lack of textual authority to validate it." 14

If an action contains advantage, while not being a source of harm for anyone, it is viewed as beneficial and virtuous and it is in light of this concept that customs and traditions are viewed within the context of the Shariah. Then the question is asked, how is advantage, benefit and virtue weighed by the Shariah? The answer which is given according to the usooliyeen is the Maqasid of the Shariah, that is, the aims and objectives which the Shariah is there to uphold. These are either numbered as five or seven by our scholars, the difference only being that two are counted separately by some and joined by others. These are what can be termed, the five God given, inalienable rights of every human being - the right to Faith, the right to life, the right to intellect, the right to honor, the right to lineage, the right to wealth and the right to property. It is understood by the scholars that the entirety of the Shariah aims at establishing these rights in society, protecting them and preserving them for every individual. If any custom, tradition or novel issue supports the preservation of these objectives and does not cause harm concerning any of them, the matter is then viewed as advantageous and accepted by the Shariah as beneficial. If on the other hand, a matter or action contained some benefit in some areas of these objectives but harm in others the argument would be made whether it was better to abandon a slight harm in order to seek the greater benefit or to abandon a temporary benefit (the abandonment of a slight harm) for a lasting advantage. This would also be viewed, weighed and argued upon the hierarchy of these objectives, as the order I have written them is the order in which they are ranked so that faith takes priority over life, life over intellect, intellect over honor and so on. This is a deep,discussion in the field of Usoolu-l-fiqh so it is good that it does not pertain to our discussion, as, though there is a perceived advantage to the usage of modern technologies for the transmission of the sacred sciences, there is no perceived harm to any of the objectives of the Shariah.

The main school of Islamic jurisprudence to uphold this concept as a source of law is the Maliki school. Imam Malik supported Istislah as he saw himself following that which was validated by the companions of Allah's messenger (may the best benedictions and peace be upon him) when they would rule according to its basis - such as Abu Bakr's compilation of the Qur'an into a single Mushaf, Umar's execution of a group for the murder of a single individual when they all participated, and the companions establishing the Hadd punishment for drinking alcohol to be eighty lashes. According to Sheikh Kamal, in his "Principles of Islamic Jurisprudence" Imam Malik (may Allah be pleased with him) saw Maslahah as "a norm of the Shariah in its own right" saying, "it is by no means extraneous to the shariah but an integral part of it." 15

The Sheikh concluded his discussion of the subject saying, "Despite their different approaches to Maslahah, the leading 'ulamā' of the four Sunni schools are in agreement, in principle, that all genuine Maslahah that do not conflict with the objectives (Maqāsid) of the Lawgiver must be upheld. ... The Shāfi'ī and Hanafī approach to Maslahah is essentially the same as that of the Maliki and Hambali schools, with the only difference being that the former have attempted to establish a common ground between Maslahah and qiyās that has an identifiable 'illah. Some Malik scholars, including Shihab Al-Din Al-Qarāfi have observed that all the jurists are essentially in agreement on the concepts and validity of Maslahah Mursalah. They only differ on points of procedure: while some would adopt it directly, others would do so by bringing the Maslahah within the purview of Qiyās. But Imam Malik's concept of Maslahah is the most far reaching of the four Sunni schools. Since Maslahah must always be harmonious with the objectives of the Lawgiver, it is a norm by itself...

"Principles of Islamic Jurisprudence" (Ch. 13)14

Ibid.15

"...The changing conditions of life never cease to generate new interests. If legislation were to be confined to the values that the Lawgiver has expressly decreed, the Shariah would inevitably fall short of meeting the masālih of the community. To close the door of Maslahah would be tantamount to enforcing stagnation, and imposing unnecessary restrictions on the capacity of the shariah to accommodate social change" This makes it clear that there is flexibility inherent in Islamic law so as to permit adaptation to 16novel matters if there is advantage according to the objectives of the Shariah. Now the question arises, what are the conditions for Maslahah and does the current topic fulfill those requirements?

The conditions for the acceptance of a Maslahah is that it be of genuine benefit for the people as a whole, which does not conflict with any other principles or rulings established in clear texts or by the consensus of the earlier scholars. According to Imam Malik (may Allah be pleased with him), it must also be acceptable to the people of intellect and actually remove or prevent a hardship from the masses. Any claim which serves any particular individuals or groups is to be rejected as the concept Maslahah Mursalah is aimed at securing benefit and preventing harm for the masses. Similarly, any claim which goes against what is clearly established by text or consensus is also to be rejected. So we ask, is it not the case that distance learning utilizing the latest technological advances, including the telephone and Internet, would allow for the poorest and weakest in society to have access to scholarship? Would it not protect against an elitism in seeking knowledge? There are those around the world who have access to telephones and the Internet but do not have access to clean water. There are also those in the U.S. And around the world who are prevented from travel, be it due to poverty, state supervision or being blacklisted from flying, or just under an oppressive government, yet they have access to scholars via telephones and the Internet. And then there are others, such as students who seek one text or the perspective of a particular scholar on a matter, should they not be permitted to call them, ask their questions and then teach/narrate according to what the teacher has said to them rather than paying thousands of dollars to travel for the same exact purpose? Now, I am not speaking about dial-a-scholar or E-Fataawa, I am speaking about a student of knowledge calling a teacher and discussing matters with him, which the scholar knows he will then add to what he passes on to his own family and/or students later. Is this not a genuine good? A protection of the Maqasid? A protection from harms? And open for the masses? Our beloved Sheikh himself said, "It has afforded those who would never be able to open their mouths about Islam, now 'expounding' on the sciences as if they were experts in jurisprudence, theology, and the other sciences required for Islamic erudition." Now, this was said critically but it then begs the question, has it not also given access to those who would never been able to open their ears, their eyes, their hearts and their minds to attain access to the hearts and minds of those who have attained Islamic erudition? Is it not then a double edged sword that needs to be wielded by the experts so that the novice is not duped and injured - so as to attain benefit and prevent harm?

Of course this is open to discussion and argumentation. Most matters that fall under the category of Maslahah Mursalah are going to lend themselves to debate, as has already been mentioned. What this section set out to accomplish is looking into the Shariah to see if there is any justification for the acceptance of this practice. What we wanted to know was if the usage of new technologies to facilitate the transmission of sacred knowledge is from the realm of truth, the realm of falsehood or the realm of supposition. Based on what has been said, I feel as though, as a general statement, it can not be said that it is truth or falsehood but rather falls under the category of supposition, which then lends itself to legitimate differences of opinion amongst the people of knowledge. But there is one more point that should clearly show the permissibility of using new technologies, even in the transmission of sacred knowledge. There is a principle within the Shariah which states that "when the law is silent on a matter and it is not repugnant

Ibid.16

to reason, it will be presumed to be permissible" this principle of permissibility (Ibaha) is established in 17Allah's saying,

نُْه َماَواِت َوَما ِفي اأْلَرِْض َجِميًعا مِّ َر َلُكم مَّا ِفي السَّ َوَسخَُّروَن إِنَّ ِفي ذَٰلَِك آَليَاٍت لَِّقْومٍ يَتَفَكَّ

And has subjected to you all that is in the heavens and all that is in the earth; it is all as a favour and kindness from Him.

Verily, in it are signs for a people who think deeply. (45:13)

About this ayat, Ibn Kathir said in his tafseer, "The stars, the mountains, the seas, the rivers, and all that you use for your benefit; these are all from His favor, kindness and bounty...it is all from Him, Alone without partners in giving any of it." It is also found, in Tafsir Usmani, concerning this Ayat, "If a man reflects, he can understand that this thing was not in his power. Only by the grace of God and His immense power all these things have been engaged in our work, so imperatively we should also be engaged in the service of Someone [meaning Allah or those in His path] - that work should is that we should pass the moments of our borrowed life in obedience and service to the Real Benefactor and the Absolute Patron, so that in the future, our ends should become better." The ayat itself was brought in order to show the natural state of permissibility of utilizing everything within the heavens and earth as long as there is not a clear prohibition. These explanatory comments were brought to remind that it whatever is found within the creation, is there for our benefit and we have no power to utilize any of it except by Allah's permission, and so the duty then becomes to utilize it for benefit in His name alone. Every sound wave, light wave, radio wave, electronic frequency and the materials which conduct them have been established and subjugated by Allah for man's drawing nearer to Him. This is as He said,

ُهَو الَِّذي َخَلَق َلُكم مَّا ِفي اأْلَرِْض َجِميًعا

"He it is Who created for you everything in the earth" 2:29)

And, as was already mentioned,

َماَواِت َوَما ِفي اأْلَرِْض َر َلُكم مَّا ِفي السَّ َوَسخَّ

"And He subjugated for you All that is in the heavens and earth"

(45:13)

These two ayat have been used by the scholars of Shariah to establish the principle that it is the natural state of the world that man is able to utilize any of the resources in the world around him to his advantage as long as there is no clear prohibition either in the source texts of the shariah or the consensus of the scholars. "Hence all objects, legal acts, contracts and exchange of goods and services that are beneficial to human beings are lawful on the grounds of original ibahah." With that principle firmly 18established, the burden of proof then falls upon the one seeking to remove the natural state of

"Principles of Islamic Jurisprudence" ch. 1517

Ibid.18

permissibility. Is there any proof, then, to show that the transmission of knowledge via the utilization of modern technologies is impermissible according to the sound texts or the consensus of the early scholars? The conjecture that it is bereft of benefit or blessings is not a proof that would move it from a state of permissibility to impermissibility, nor would the fact that it is not equal in benefit or blessings to traditional, interpersonal gatherings of knowledge.

With that said, I move on with a sense that there is a firm footing within the Shariah in general, and the Maliki Madhhab in particular, for the permissibility and acceptability of the transmission of sacred knowledge through the utilization of modern technologies.

Section Five:

This section will be relatively brief as we speak of the topic through the science of Tasawwuf. There is a very real ability to get into meta-physical philosophies concerning the topic of planes of existence, time, distance and their realities with our Lord, may He be Exalted. These are certainly matters dealt with from the earliest of writing in this field. However, instead we will simply look at what a couple of the modern masters of this science have said about benefitting from teachers despite distance and time. But first, why even bring this into the discussion? It is because of our beloved sheikh's saying, "This 'radiation' and 'magnetism' of transcended values so necessary in the transmission of knowledge is limited if not blocked via Internet communication." This, though, is the very realm of the scholars of Tasawwuf and so it will be beneficial to hear their take on the matter. We will only mention two scholars of the path which we have met personally and know to be both firm upon the Qur'an and sunnah, as well as being accomplished in the science of Tasawwuf. The first is Sheikh Zulfiqar Ahmad of the Naqshbandi Mujadidi Tariqa and the second is Habib Umar of the Ba'Alawi. Both quotes are short enough that this section will be straight and to the point.

According to Sheikh Zulfiqar, "Physical distances are inconsequential in suluk. Some of our best students live thousands of miles away. The purpose of suluk is not for Mashaikh to connect the saalik to himself but rather to connect the salik with Allah (swt) and to guide them to living a life adhering to the Blessed Shariah and Sunnah of the Beloved Prophet (saw)." And his Khalif, Mustafa Kamal has said, "Different Mashaikh have different preferences but the salikeen who this faqeer serves (i.e. people learning suluk from this faqeer) generally use phone, sms, Whatsapp, or email to stay in touch with faqeer. Faqeer lives in Makkah Mukarramah and travels frequently to serve the people of suluk. We have found that where someone has true talab for their islah, Allah (swt) creates opportunities to meet in wondrous ways."

When asked by a seeker, "I live in a region where there are very few scholars. How can I continue my studies?" Habib Umar responded, "You should make use of the internet and recordings of scholars’ commentaries on books." He was also asked, What is the status of a person who studies under a shaykh by means of the internet? Is he considered a student of the shaykh?" To which he responded, "The issue is that of attachment of the heart. If someone is sincere in his attachment to the shaykh, then he is considered a student of the shaykh. If he receives knowledge from the shaykh via the internet or any other means, then he is regarded as being his student and recipient of this knowledge. The level to which he is regarded as a student of the shaykh is judged according to the extent of the love and attachment he harbours in his heart for the shaykh for the sake of Allāh, and the extent of his conviction that what the teacher imparts to him is from the way of Allāh. What remains thereafter is for the shaykh and student to meet physically, as the student receives from the shaykh in a unique and subtle way, which may only take place when their bodies and souls are united. However, the one that is physically distant will not be completely deprived of these benefits if his intention is strong."

Even our beloved sheikh, Sheikh Muhammad Shareef ibn Fareed (may Allah preserve him) said to me in our third discussion together, the same dars in which I received Hadith Musalsal bil-Awaliyya from him, "Often the healthiest trees - the strongest - are those farthest from the river," mentioning one of the sayings of the sufiyyah. What we learned from him, what he stressed to us the most, was that any true rectification of character can only come through adherence to the sunnah and the swiftest purification of the heart comes with constant salawaat. It is not only the sheikh, but the sincerity and striving of the seeker!

If this is true when it comes to the matters of Tasawwuf, how much more so the learning of the other sacred sciences? Without any doubt, interpersonal interaction with one's teachers, watching them,

seeing their behavior, their character, their habits - this will speed up the process for the seekers, but this does not negate that spiritual benefits, blessings, are not bound by proximity. As has been stated, true benefit, true blessings only come from Allah, and they are not constricted due to either distance or time.

Section Six:

In this section, the aim is to look at the concern of our sheikh, Sheikh Muhammad Shareef ibn Fareed (may Allah preserve and elevate him), what has lead to the rejection of this in the first place?

Our Sheikh (may Allah preserve and protect him) said, "The Internet is now replete with online sources for most if not all classical works in Islam. those of us who are dexterous in the use of the Internet, especially in Arabic, can now have access to archives that would never have been available to the common unlearned person. What has been the result of this? It has afforded those who would never be able to open their mouths about Islam, now 'expounding' on the sciences as if they were experts in jurisprudence, theology, and the other sciences required for Islamic erudition. Everybody is his own scholar now.and those of us who have spent hard years residing in deserts, grasslands and uncomfortable strange lands to gain real knowledge have been made to seem as if we had wasted our times. Or so it has been made to seem. What has really happened is a denuding of the process of knowledge attainment and this a denuding of knowledge itself. What is passed off as knowledge through the plethora of online Internet islamic learning sites is really a dumbing down of the sacred sciences and its substitution with ignorance masquerading as 'knowledge'. We have witnesses the emergence of 'virtual scholars', 'virtual students', and 'virtual knowledge'... "...The question arises, what impact has the collapse of distance, the illusion of nearness and the lack of real presence which the Internet creates had upon had upon the denuding and destruction of real transformative knowledge and the emergence of ignorance? This is not a rhetorical question.This is a question that you must answer..." In an earlier correspondence, in the same vein, he (may Allah preserve and protect him) said, "To compare today's online transmission of knowledge (if it can be called that) with the transmission of